Quarmby v Keating & Qasair Investments Pty Ltd

Quarmby v Keating & Qasair Investments Pty Ltd is a case involving a dispute over land titles under the Torrens system in Tasmania. The primary issue was whether a certificate of title, which was later found to contain inaccuracies, could still be used as evidence of ownership despite the indefeasibility of title doctrine. Specifically, the case examined the impact of adverse possession by others that occurred after the certificate was issued.

The court had to decide whether the indefeasibility of title could be overcome by evidence of adverse possession by another party that took place after the issuance of the certificate. Additionally, the court considered the interplay between the Limitation Act and the Land Titles Act in Tasmania. The central question was whether a right arising under the Limitation Act could survive and affect the indefeasible title granted under the Land Titles Act.

The court concluded that the indefeasibility of title could indeed be challenged by evidence of adverse possession by others, even if this occurred after the certificate was issued. The court held that the indefeasible title could be subject to rights that arose post-certificate, such as adverse possession. The interrelationship between the Limitation Act and the Land Titles Act was also clarified, with the court determining that rights arising under the Limitation Act could affect the title granted under the Land Titles Act. Therefore, the certificate of title was not conclusive evidence of ownership if contradicted by later adverse possession.